Health & Hospital Corporation of Marion County, Indiana v. Talevski

In this case, the United States Supreme Court will decide whether individuals may continue to bring federal lawsuits to enforce legislation passed pursuant to Congress’s Spending Power.

Representing the National Center for Youth Law, the Youth Law Center, the National Center for Law & Economic Justice, et al., Upper Seven Law submitted an amici curiae brief to the Supreme Court, arguing that rights secured under the laws of the United States should remain enforceable under Section 1983.  Private individuals’ ability to enforce Spending Clause legislation is essential to ensuring that safety-net legislation actually protects the people it sets out to protect, including in particular the children and youth represented by amici, many of whom rely on federal programs to keep them safe from hunger, inadequate healthcare, over-institutionalization, and abuse and neglect.